A close-up look at NYC education policy, politics,and the people who have been, are now, or will be affected by acts of corruption and fraud. ATR CONNECT assists individuals who suddenly find themselves in the ATR ("Absent Teacher Reserve") pool and are the "new" rubber roomers, and re-assigned. The terms "rubber room" and "ATR" mean that you or any person has been targeted for removal from your job. A "Rubber Room" is not a place, but a process.

Sunday, December 30, 2012

Effective educators are led - and rely on - the UFT and NYSUT to defend their rights at U-rating appeals and in 3020-a, and then are stunned when the Reps (UFT) and Attorneys (NYSUT) dont deliver.

We all remember the many times that a member questioned this loyalty when he/she tried to call the representative/Attorney to discuss a hearing, find out what to do after getting the result of 3020-a and it was not a good one....and there was no answer from 52 Broadway, etc., etc. At the bottom of the re-posted article below, retired UFT member Norm Scott cites the recent Delegate Assembly for not allowing a vote on teacher evaluations. In 2008, the result of the arbitration on Article 21G was that the right to grieve material that was unfair or false in a personnel file was taken away from members, but no other right. What other right would be more important than to grieve false claims?

Randi Weingarten in Washington DC

Drop-out Nation: "From where Weingarten sits, teachers with whom she agrees believe in doing more than just be consumed with” testing, competition and measurement rather than on teaching and on sustaining and scaling what works” — or what she really means, holding those in education accountable for performance, expanding school choice, and using objectively-measured student achievement data in providing more-honest and valuable evaluations of teacher performance." From Betsy Combier: NYC educators and UFT members do not like Randi Weingarten.

December 29, 2012
A conceit among education traditionalists is the idea that the “voices of teachers” are the most-important — and, in many cases, the only ones that matter — when it comes to structuring American public education. Partly based on the belief that supposed experts in education (including principals and superintendents) should be the ones to make decisions in schools and districts, as well as driven by the efforts of National Education Association and American Federation of Teachers affiliates to maintain their declining influence (as well as maintain the grand bargain of sorts between the unions and its members that drive NEA and AFT revenues), traditionalists tend to argue that the perspectives of teachers are the ones that matter most. So teachers should be the lead decision-makers in education (and in the minds of the most-radical, the only people who should make decisions at all).

The latest version of this argument came courtesy of AFT President Randi Weingarten, in an e-mail response to a piece by Thomas B. Fordham Institute research czar Michael Petrilli naming Karen Lewis, the notorious and tragedy-politicizing head of the union’s notoriously bellicose Chicago affiliate, as “Education Person of the Year” for rallying the more-radical of traditionalist forces to her side during the union’s strike action earlier this year. Taking a bit of offense at Petrilli’s statement that reformers should use Lewis’ challenge as an opportunity to win teachers over to systemic reform, Weingarten declares that Petrilli and others should “change course” and “try listening to what Karen and the Chicago educators are saying about how to improve schools”. Why? From where Weingarten sits, teachers with whom she agrees believe in doing more than just be consumed with” testing, competition and measurement rather than on teaching and on sustaining and scaling what works” — or what she really means, holding those in education accountable for performance, expanding school choice, and using objectively-measured student achievement data in providing more-honest and valuable evaluations of teacher performance.

Weingarten continued railing against systemic reform isn’t all that surprising. After all, the AFT (along with the NEA) have lost influence because accountability, choice, and teacher quality reform efforts continue to shine light on the failed policies and practices they defend. But Weingarten’s argument that reformers should listen to teachers is based on the false notion that the school reform movement pays instructors no mind. More importantly, her view is driven by a conceit about the expertise of teachers that isn’t even close to reality.

Here’s the thing: Reformers listen to teachers all the time. In fact, a driving force of the school reform effort is the belief, based on three decades of data, that high-quality teaching is the most-critical aspect of building the cultures of genius that that helps all kids succeed in school and life. Making teachers real players in shaping what happens in schools and districts is as critical to doing that work as overhauling teacher evaluations and launching performance-based pay plans. Considering that the vanguard of the movement includes such teacher-driven outfits as Teach For America, Teach Plus, and TNTP — as well as organizations such as Educators 4 Excellence (which succeeded in winning seats on the governance board of the AFT’s Los Angeles affiliate) — reformers give plenty of regard to the views of teachers, especially those who are dissatisfied with how their views are represented by NEA and AFT affiliates. This isn’t to say that reformers have always done a good job in reaching out to teachers incorporating those perspectives; the Chicago strike made this clear. But to say that reformers have ignored (or even demonized) teachers, especially when one looks at the record, is to be intellectually and factually dishonest.

Certainly reformers may not pay as much mind to the views of NEA and AFT leaders as Weingarten and her allies may like. But one can actually ask this question: Why should they? After all, Weingarten and her colleagues have shown through their deeds that they are more-concerned with the concerns of the dwindling numbers of Baby Boomers within the rank-and-file (as well as the perspectives of retired teachers who no longer work in classrooms) than with addressing the concerns of younger, more reform-minded teachers who now make up the majority of teachers in classrooms. It is hard to take Weingarten’s arguments about “listening” to teachers seriously when her own union continues to defend quality-blind seniority-based policies such as Last In-First Out layoff rules (which protect longtime veterans at the expense of younger teachers in the ranks), and affiliates such as that in New York City structure voting rules to ensure that retirees and Baby Boomers are better-represented in leadership than younger teachers. The fact that the NEA and AFT also ignores those longtime veterans who also want to revamp and ditch aspects of traditional teacher compensation — and that the two unions fight vigorously to keep in place laws that force teachers to either join NEA or AFT locals, or pay union dues to them no matter their preference — also belie claims about wanting reformers to listen to the views of teachers. If anything, reformers may do a better job in attending to the views of teachers than the old-school unions that supposedly do the job.

As with the oft-rehashed posturing by traditionalists that reformers “bash” and “demonize” teachers, the claim that reformers don’t listen to teachers is based on the unwillingness of traditionalists to admit these facts: That there are laggard instructors in our classrooms who shouldn’t be there. That America’s ed schools are doing an abysmal job of recruiting and training aspiring teachers. That the traditional teacher compensation system, focused on rewarding teachers based on seniority and degree attainment, is ineffective in spurring student achievement fails to reward good-to-great teachers and keeps laggards in classrooms to continue educational malpractice. And that keeping things as they are is too costly for students, families, high-quality teachers and taxpayers alike.

Meanwhile Weingarten’s statement fails to keep this important matter in mind: The perspectives of teachers aren’t the only ones that matter — or even the most-important — when it comes to overhauling American public education.

For one, there is the simple fact that American public education is a collection of systems financed by taxpayers and voters of all types. These taxpayers, who are also the customers and clients of schools and districts, have the right to play roles in how districts and schools serve their children. This includes companies, who are dependent on districts and schools to provide high-quality education to the men and women who will run their C-suites and staff their operations, as well as venture capitalists and other investors who are looking to back the next generation of entrepreneurs and builders of economies. It also includes governors, legislators, mayors, and city councilmembers, whose long-term fiscal prospects in an increasingly knowledge-based global economy is dependent on highly-educated young men and women.

Most of all, it includes families, whose children they love attend schools and districts, and whose learning they entrust to teachers and school leaders. The views of these mothers, fathers, and caregivers — especially those from poor and minority backgrounds — have long been condescended and ignored by American public education. But considering the failure of schools and districts to provide children with high-quality education, families (and others) can and should no longer just leave education decision-making in the hands of others. They must become active players in shaping education for their children, ask tough, thoughtful questions about what is being taught in classrooms, demand information on the quality of the teachers working in classrooms, and play stronger roles in shaping the overhauls of traditional district schools (and in the operations of charter schools serving their kids).

Sure, the views of teachers are important. But the views of those who pay the bills and entrust the futures of their children to districts and schools are even more important. Considering that districts and schools have been their children (and taxpayers) for at least two generations, simply trusting teachers just isn’t good enough. Which, in turn, hits upon another reality: That not every view of every teacher is worthy of consideration.

For one, the view that the views of teachers matter most is based on the false notion that they have acquired expertise that those outside of education don’t have. This ignores the reality that teachers often don’t really know what their colleagues do because they often work as solo practitioners in classrooms with little interaction with colleagues outside of teachers’ lounges. The fact that many teachers come into the profession with little in the way of subject-matter competency and training in classroom instructional methods — a fault that lies largely with the failures of the nation’s university schools of education (who are aided and abetted by the NEA and AFT) — also means that not every teacher has the expertise needed to offer a thoughtful view on policies and practices.

Certainly as famed psychologist Daniel Kahneman has noted in Thinking, Fast and Slow, those with hands-on knowledge are likely to have a more-comprehensive view on what can and cannot work. But Kahneman also points out that expertise can only be gained in stable, predictable environments where professionals can learn from prolonged practice and lots of feedback. Those aren’t the circumstances in which many teachers — especially those working in massive failure mills such as Detroit and Philadelphia — are toiling; so it is unlikely that many teachers have acquired enough expertise in the first place. And considering the low-quality of subjective classroom observations that are the norm for traditional teacher evaluation systems, the state laws and collective bargaining agreements governing teacher performance management discourage school leaders from providing more-ample feedback, and that the use of objective student test score growth data is just coming into play, few teachers have gotten the kind of feedback needed to build such expertise in the first place.

(This fact, by the way, explains why the peer review method of evaluation touted by traditionalists is not an effective alternative to performance-based measurements based on objective student test score data. Teachers are more-likely to base their evaluation of peers on their own subjective biases, giving thumbs up to those who fit their view of what teaching should be than on whether they are actually effective in improving student achievement. It is also why subjective classroom observations by school leaders also tend to be ineffective.)

These facts hit upon a much more important point: The “experts” in education (including many teachers) really don’t know what they are doing. After all, it is the decision by experts to push ability-tracking and the comprehensive that have led to the low-quality teaching and curricula to poor and minority students that is a culprit behind the nation’s education crisis. It is the work of experts that has led to such practices as the overuse of suspensions and expulsions, and the overdiagnosis of learning disabilities (especially among young black men, whose reading deficiencies are often diagnosed as being special ed problems). And thanks to experts, we have a system of teacher training that, as former Teachers College President Arthur Levine and others have pointed out, has been ineffective in recruiting and preparing aspiring teachers for classrooms.

An over-dependence on experts who aren’t does not make for smart reform. This isn’t to say that the perspectives of high-quality teachers aren’t critical in advancing the overhaul of American public education. It is. The key is listening to good-and-great teachers (as well as school leaders) who bring strong mastery of their profession to the table.

In fact, one of the dirty secrets in education is that those very voices are the ones that are often marginalized within cultures of mediocrity and failure that are often the norm in districts and schools, thanks to policies that fail to reward and recognize good-and-great teaching, place bureaucratic obstacles to fostering this work among colleagues, and protect laggards from losing their jobs. The plights of legendary math teacher Jaime Escalante, famed instructor John Taylor Gatto, are just the most-visible examples of what happens when good and great teachers either shine too brightly, or challenge the views of laggard teachers and school leaders who would rather hide in plain sight.

This is why overhauling how we evaluate and compensate teachers, as well as revamping how we recruit and train school leaders, is so important. Performance-based evaluations based on value-added analysis of objective school data allows for districts and schools to recognize and reward those teachers who are doing good and great work. This, in turn, helps districts retain those teachers and, along with other efforts, build cultures of genius that make life better for children and teachers alike. It is why more districts should copy comprehensive evaluation systems such as D.C. Public Schools’ pioneering IMPACT regime, as well as use the lessons about the importance of high-quality feedback and performance management in evaluating principals and other school leaders. And when we bring strong school leaders into buildings — and give them the power to hire, fire, and reward teachers — we are helping good and great teachers gain the backing they need to do their best for our kids.

There is no question that everyone — including reformers — should pay attention to the perspective of teachers who work in our classrooms. But the views of our good-and-great teachers should matter more than those of colleagues who don’t make the grade. More importantly, the views of teachers cannot be the only ones that predominate in education decision-making. We need everyone to play their part in transforming our super-clusters of failure into systems fit for the futures of our children.

COMMENTS in NYC
A NYC educator comments:

Teachers in the classroom today have very little voice. I know, have seen (Ithrough mentoring and intervisitations) and work(ed) with great teachers. I have also seen a handful of poor teachers (most of whom move on). The great teachers have gone through teacher education institutes for five to six years or more. They come in new and grow as does anyone in any profession. I have had little concern for the Teaching Fellows, usually older people who change career. Most of them want to teach and find their niche as a second profession. They become good to great teachers. Those who come in through TFA are another story by and large. They usually have another agenda going and it is not to be a career teacher. I have not had the occasion to work with E4E folks, but was not very impressed with their thinking in conversations recently at a rally in City Hall Park. All of us, veterans and newbies, have had our creative voices silenced with the advent of the common core, poorly written text books, scripted learning materials and test prep. The "art of teaching" is barely seen these days. That is demoralizing for teachers who have been around for 25 years and for those who come in with a fresh sense of enthusiasm and a lot to offer children.

Now as to administrators: I have only seen a handful in my 30 years of teaching (20 in the NYC public school system) who were/are great or good even. I can count on one hand the excellent administrators I have met (and I have been in a lot of schools). They were usually the ones who stayed in the classroom for 20-30 years and worked their way up. They were the ones who didn't forget what it was like to be in a classroom. They were the ones who gave support and advice, but also gave you space to teach and grow in the profession without dictating your every move Today most administrators have either not been in a classroom or were in and out within a few years. They walk into classrooms and do not have a clue as to what they are observing, let alone know how to help or rate a teacher. They use pat evaluation forms for everyone, often just reiterating what they saw. Then they try to give suggestions which are not helpful or useful. Randi Weingarten was barely in a classroom She probably couldn't spot a great teacher or a potentially great teacher if she tried.

In order to lure people back to teaching and administration- people who are experts and want to be in the field - the system, the stakeholders have to make it worthwhile to come in. Salaries and benefits that respect the professionals we are will be enticing; that goes without saying. but respect for what well trained teachers do, how they relate to their students (not their clients) and allowing the art form to flourish is what will make people want to become educators again.

I find this article demeaning to teachers as individuals and to the profession. I am all for a relationship with the parents and community, but if parents can't "trust" their children to those who are educating their children then we have a problem. Education is not a business (although the "reformers" would have us believe this).Education is a social service that provides children with an academic, artistic and social/emotional experience. Children grow and learn at various rates. They are human beings, not products that we (teachers) make and turn out like cars on a production line. We do need to be listened to by the society at large who has ignored many of the needs of its people and ultimately its children by allowing poverty and segregation to continue to exist; denied or delayed assistance to those most needy. There have been erroneous errors and mistakes, but by and large teachers have the best interests of their students in their hearts. We are often not heard when we ask for money for supplies and books, smaller class sizes for our learners and needed interventions; learning environments that are child and parent friendly and enough staff to relate to the needs of every child.

If students are happy, flourishing at his/her own pace and wants to go to school each day, then whatever term you want to label a teacher "good" or great" (we are individuals to with various talents) we are doing our job, the job we trained for and wanted to do. We do know what we are doing and what we want - just listen to instead of bashing us

From retired teacher Norm Scott:

There is much irony in this article. That groups like E4E which bans any dissenting view gives teachers more of a voice. And Randi arguing for teacher voice when she and her crew deny rank and file teacher voices all the time -- like at the recent Del Ass where they argued against allowing teachers to vote on any eval agree even though it is a contract item and required by UFT by-laws.

Testimonials From Some of Our Clients

“Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent
Maria G;

Alexandra F.

Dear Betsy,

I just wanted to reach out and say thank you for CONSTANTLY being there for me throughout such a tumultuous time in my life. I have been battling severe harassment at my place of work for months now, and you have advised me through every single second of it. I would not have had the strength or confidence to battle such an evil administration without your help. You have answered my phone calls from 7AM through nearly midnight with any and all of my concerns. I have called you countless times to just vent, or even cry, and you have been there with open arms to pivot my negative anticipations into positive advocacy. You have gone above and beyond your line of duty to help me, and for that, I can never repay you. You have changed the outcome of my life, and led me to justice. More importantly, you have led me to happiness again, for which I am eternally grateful. As I am getting older, I am realizing that there are many bad people in this world, but you are TRULY one of the good ones. When one finds a great person in life with their true best interest at heart, they should hold onto that and take their word as bond. My last statement truly defines you, an expert in what you do, as well as a 24 hour support system. You are amazing Betsy, and my life would truly not be the same if you had not stepped into it!!!!!

Thank you again for EVERYTHING you have done for me. Your advisement and care will be carried in my heart for the rest of my life.

Alexandra F.

Tollyne D.

After 18 years of service, the general consensus as a union member is that you cannot trust people and you have to be extremely careful who you talk to. I was brought up being told that I should be sure that the person I am speaking to is knowledgeable and to be TRUSTED, and Betsy Combier is such a person. She consistently proves that she is trustworthy, very knowledgeable and caring, time and time again.

Tollyne D.

David P.

To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone without any problem.
David P.

Jason R.

I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.

Laura B.

I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients.

ADVOCATZ

Contact me with a concern or issue

I assist anyone who needs help, so email me your problem to start the ball rolling! I am a teacher/parent advocate, and I am the editor/writer for this blog and the website parentadvocates.org. I also write about court corruption on my blog "NYC Court Corruption". I am interested in random injustice and the criminalizing of innocent people. If you want to chat you may email me at: betsy.combier@gmail.com and I'm on twitter and have a facebook page too. I'm not an attorney and do not give legal advice.

If you want to talk with me about your 3020-a charges, I consult and go over your case without charge. No fee.

And, in response to the lies of certain individuals who resent my work, the truth is that all conversations are confidential and I do not tape secretly.

Betsy Combier

My Thoughts and Raison d'etre

This blog is about the denial of Constitutional rights by the Mayor, the New York City Department of Education and the Chancellor, New York State and Federal Courts, New York State legislature, and the United Federation of Teachers (UFT), as well as PACs and all parties participating in the business of public school education in New York City, to harm and in neglect of parents, children, and staff of public schools in the five boroughs. These thoughts are not simply mindless conclusions reached out of thin air, but a result of 14 years of research into the NYC DOE and the Courts as a reporter and paralegal.
I am an advocate of Unions and union rights, public schools and charters, and learning online as well as outside of the classroom. I cannot and do not support anyone, whether they be union management, government, private members of the political or legal system, or simply retired teachers with an agenda, if he or she tramples, discards, or rebuffs anyone's individual civil rights. As a reporter, journalist, advocate, researcher and paralegal, I have created this blog to inform the public about my experience working for the UFT and being the parent of four daughters who went through the public school system in NYC, as well as examine issues that flow from the massive denial of due process rights that I saw and have documented. The two most important points you should remember: first, everyone at the New York City Board/Department of Education and all Union bigs are motivated by power and money, and looking good. If anyone dares to blow the whistle on these racketeers, retaliation follows, so be a strategist; second, I am not an Attorney and nothing I write or say is legal advice, simply my thoughts. Take 'em or leave 'em.
Betsy Combier, Editor
NYC Rubber Room Reporter
http://nycrubberroomreporter.blogspot.com
New York Court Corruption
http://newyorkcourtcorruption.blogspot.com
Parentadvocates.org
http://www.parentadvocates.org
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The NYC Public Voice
http://nycpublicvoice.blogspot.com/betsy.combier@gmail.com
Lawline July 27, 2011
http://www.teachem.com/lawlinetv/learn/lawline-tv-teachers-unions-the-last-in-first-out-rule/

Principal Anne Seifullah changes her image so that she can keep her job amidst sexting and trysts in the school, Robert Wagner Secondary Sch...

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FAITH

When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly. Patrick Overton

Truth Seeks Light - Lies Seek Shadows

sayin like it is

Actions Have Consequences

Writing as Music

Rubber Room teachers wish me a happy birthday (2006)

"Educating the mind without educating the heart is no education at all."

- Aristotle

Important Numbers

Amy Arundel (ATR Point Person) 212-510-6468

UFT www.uft.org

OPI (Problem Code) 1-718-935-2666

UFT Certification Services 1-212-420-1830

Teachers REtirement System 1-888-869-2877

Mandated Reporters 1-800-635-1522

Staten Island UFT 1-718-605-1400

Brooklyn UFT 1-718-852-4900

Bronx UFT 1-718-379-6200

Manhattan UFT 1-212-598-6800

Queens UFT 1-718-275-4400

Rubber Room Satire

The Labor Movement

The Teaching Equation

We Can Work Out Our Differences

The E-Accountability Foundation

The E-Accountability Foundation brings you this blog which highlights issues that have or should be read by people interested in civil rights, and accountability. The E-Accountability Foundation is a 501(C)3 organization that holds people accountable for their actions online and, through the internet, seeks to bring justice to anyone who has been harmed without reason. We give the'A for Accountability' Awardto those who are willing to blow the whistle on unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status.

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Performance Management - Office of Labor Relations

From Betsy Combier

The NYC Office of Labor Relations, with the support of the UFT, has issued to principals a document called"Performance Management" on how to get rid of an incompetent teacher. Who is an "incompetent teacher"? Anyone the NYC Department of Education wants to remove from the system because he/she is too senior (makes too much money), is disabled (and therefore cannot be deemed factory-perfect) and/or is other impaired (is a whistleblower, cannot be intimidated, is ethnically challenged - not the 'right' race, etc).

Candace R. McLaren

Director, Office of Special Investigations (OSI)

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Polo Colon

"Rubber Room"

(1) a space where a worker subject to a disciplinary hearing or other administrative action waits and does no work; generally, a place or personal mind-set of isolation.(2) a literal reference to a padded cell, which is, according to the New Oxford American Dictionary, “a room in a psychiatric hospital with padded walls to prevent violent patients from injuring themselves.”from Double-Tongued Dictionary http://www.doubletongued.org/index.php/dictionary/rubber_room/

"Rubberization"

The word "rubberization" is a new word that is used to describe the process of assigning and paying people to sit and do nothing in a drab room away from their place of employment while their employers make up charges that allege sexual or corporal misconduct without any facts upon which to base the allegation on.

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Theresa Europe, NYC BOE ATU Director

Robin Greenfield

Deputy Counsel to the NYC DOE

UFT Pres. Mike Mulgrew and NYC Mayor Mike Bloomberg

UFT umbrella pals

New York State Supreme Court Judge Manuel Mendez

ATR CONNECT

Tenured Teachers who are found to be guilty of misconduct or incompetency at 3020-a but are not terminated, who have blown the whistle on the misconduct of politically favored NYC Department of Education employees, and/or who are simply disliked for any reason can suddenly find themselves in the ATR ("Absent Teacher Reserve") pool - employees without rights or voices, and without chapter leader union representation.

This new group of people are the "new" rubber roomers without representation at the UFT and denied the protection of the Collective Bargaining Agreement, because basically they have been pushed out of their jobs unfairly and under color of law by Mayor Bloomberg and the Chief Executives of the Department of Education who call themselves "Chancellors", "Network Leaders", "Superintendents", etc., consistently without any facts or evidence to support the false claims.

A group of teachers who are, or were, made into ATRs, ATR Polo Colon, and I, Betsy Combier, an advocate for transparency and labor/employment rights, have joined together to expose the denial of due process, civil and human rights by chiefs of the NYC Department of Education (NYC DOE), certain arbitrators at 3020-a, leaders of the United Federation of Teachers (UFT), the "investigators" -agents who work for the Special Commissioner of Investigation (SCI), Office of Special Investigation (OSI), and the Office of Equal Opportunity (OEO) - and the Attorneys who work for the New York United Teachers (NYSUT), and the New York Law Department (Corporation Counsel).

In order to protect the safety of those who join this group to promote an end to the "Rubberization" process described on this blog since 2007, names of those who tell their stories will, for now, remain anonymous if the person so desires, and Polo and I will be the gatekeepers. So if you are an ATR, or know a story involving an ATR or someone re-assigned or about to go into a 3020-a, please use the email address advocatz77@gmail.com and give us your contact information. We will protect your anonymity and hold onto your privacy.

Betsy Combier and Polo Colon, Editors

FAITH When we walk to the edge of all the light we have and take the step into the darkness of the unknown, we must believe that one of two things will happen. There will be something solid for us to stand on or we will be taught to fly.

Patrick Overton

We have forty million reasons for failure but not a single excuse.Rudyard Kipling (1865-1936)

The Re-Assignment Overview by Betsy Combier

The New York City Board of Education decided in 2002 to rid the public school system of staff who interfered with their takeover and control. The criteria for a "good teacher" is now, more often than not, a "silent teacher", a person who never asks questions, is younger than 40, is making a salary below $50,000, does not care about kids and what they learn, or whether or not money (books, supplies, equipment, etc) is missing. When a teacher or staff member of a school dares to do the right thing and speaks out about wrong-doing - this person is often called a "whistleblower" or "flamethrower" - or, simply is not liked for any reason by the Principal/NYC personnel, suddenly he/she is accused of something by somebody ("given a label of "A", "B", "C", and so on) and whisked away to a drab room called a temporary re-assignment center or "rubber room". Members of the offices of the Special Commissioner of Investigation or the Office of Special Investigations then start work on building a case against the person to justify their being thrown in prison, declared "unfit for duty", or, as Mr. Joel Klein has said, characterized as "guilty of sexual activities and corporal punishment" against the children of New York City.The stories of the people I have met who sit every day in the 8 rubber rooms of NYC prove to me that Mr. Klein is very wrong about his assessment, and this blog is created to prove it to you.

Puppy Snooze

US Department of Labor ELAWS

Aeri Pang, Gotcha Squad Attorney

Attorney Pang, red dress, now chief Attorney For New York State Supreme Court Judge Cynthia Kern

New York State Supreme Court Judge Cynthia Kern

NYC EdStats You Can Use

$12.5 billion: Annual New York City Department of Education (DOE) budget (2002)

$21 billion: Annual New York City DOE budget (2009)
1,719: Number officials employed by the DOE central administration in June 2002

2,442: Number of officials employed by the central administration as of November 2008

2: Number of DOE officials earning more than $180,000 per year in 2004.

22: Number of DOE officials earning more than $180,000 per year in 2007.

5: Number of DOE public relations staffers in 2003.

23: Number of DOE public relations staffers in 2008.

944: Number of contracts approved by DOE in 2008, at a total cost of $1.9 billion.

20: Percentage of contracts that exceeded estimated cost by at least 25 percent.

$67.5 million: Annual budget of Project Arts, a decade-old program that was the sole source of dedicated funding for arts education. It was eliminated in 2007.

86: Percentage of principals who said in a 2008 poll that they were unable to provide a quality education because of excessive class sizes in their schools.

100,000: Number of seats DOE plans to provide for charter school students by 2012.

25,000: Number of seats DOE plans to build under 2010 to 2014 capital plan.

66,895: Number of K-3 school-children in classes of 25 or more during the 2008-09 school year.

15,440: Average number of seats per year built during the last six years of the Rudolph Giuliani administration.

10,895: Average number of seats per year built during the first six years of the Bloomberg administration.

27.2: Percentage of newly hired teachers in 2001-02 who were Black.

14.1: Percentage of newly hired teachers in 2006-07 who were Black.

53.3: Percentage of newly hired teachers in 2001-02 who were white.

65.5: Percentage of newly hired teachers in 2006-07 who were white.

76: Percentage of white and Asian students who performed better than the average Black and Latino students in 8th grade English Language Arts (ELA) in 2003.

75: Percentage of white and Asian students who performed better than the average Black and Hispanic students in 8th grade ELA in 2008.

77: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2003.

81: Percentage of white and Asian students who performed better than the average Black and Hispanic 8th graders in math in 2008.

54: Percentage of New York City public school parents who disapproved of Mayor Bloomberg’s handling of education, according to a March 2009 Quinnipiac poll.

Sources: New York City Council, New York City Comptroller’s Office, New York Daily News, New York Post, Eduwonkette, Quinnipiac Institute, Black Educator, Class Size Matters, New York City Schools Under Bloomberg and Klein.

Betsy Combier and NYSUT lawyer Chris Callagy

The New York City Whistle Award

NYC Whistlers, Winners of the NYC Whistle Award

...are those individuals in New York City who are willing to whistleblow unjust, misleading, or false actions and claims of the politico-educational complex in order to bring about educational reform in favor of children of all races, intellectual ability and economic status. Whistlers ask questions that need to be asked, such as "where is the money?" and "Why does it have to be this way?" and they never give up.

These people have withstood adversity and have held those who seem not to believe in honesty, integrity and compassion accountable for their actions.

Congratulations, and keep up the good work!

Betsy Combier

Special Commissioner of Investigation Richard Condon

Condon "qualified" for his current post after Bloomberg lowered standards; who will leash him?

A great teacher

After being interviewed by the school administration, the prospective teacher said: 'Let me see if I've got this right.

'You want me to go into that room with all those kids, correct their disruptive behavior, observe them for signs of abuse, monitor their dress habits, censor their T-shirt messages, and instill in them a love for learning.

'You want me to check their backpacks for weapons, wage war on drugs and sexually transmitted diseases, and raise their sense of self esteem and personal pride.

'You want me to teach them patriotism and good citizenship, sportsmanship and fair play, and how to register to vote, balance a checkbook, and apply for a job 'You want me to check their heads for lice, recognize signs of antisocial behavior, and make sure that they all pass the final exams.

'You also want me to provide them with an equal education regardless of their handicaps, and communicate regularly with their parents in English, Spanish or any other language, by letter, telephone, newsletter, and report card.

'You want me to do all this with a piece of chalk, a blackboard, a bulletinboard, a few books, a big smile, and a starting salary that qualifies me for food stamps. 'You want me to do all this and then you tell me. . . I CAN'T PRAY?

NYC Police Commissioner Ray Kelly

Joel Klein's famous statement about rubber room teachers and staff

On November 27, 2006, temporarily re-assigned teacher (TRT) Polo Colon asked Joel Klein, the "pretend" Chancellor of the NYC public school system, if he had voted to terminate teachers at the secret Executive Session held just before the public meeting of the Panel For Educational Policy.Mr. Klein answered,"We did not vote to terminate you. We did vote to terminate a teacher in executive Session...in fact, we voted to terminate two teachers. It's perfectly consistent with the law.Many teachers have been charged with sexual activities and some are charged with corporal punishment...I have no interest in removing people who are qualified to teach, I can assure you, because I dont get any return...and in fact, I have complained publicly about how long this process drags out. But our first concern will always be and, as a former lawyer and somebody who clerked on the United States Supreme Court I will tell you, there is no violation of due process whatsoever..."- extracted from the audiotape of the PEP meeting bought by Betsy Combier after filing a FOIL request to the NYC BOE

Rally November 2008 at Tweed

November 26, 2007 Candelight Vigil

Thousands of teachers and school staff members rally at Tweed

A Review of Battling Corruption in America's Public Schools by Betsy Combier

Lydia Segal's book puts the NYC, Chicago, and California Departments of Education on notice....we who have read this book know more about how the system is not there for our kids than "you" want us to know. Lydia Segal's book Battling Corruption in America's Public Schools changes the public school reform movement forever. We can no longer assume that more money allocated to our schools will "fix" the disaster that is our public school system.

Lydia Segal draws on her 10 years of undercover investigation and research in over five urban school districts, including the three largest, New York City, Los Angeles, and Chicago, and the two most decentralized, Houston and Edmonton, Canada, to provide, in her new book Battling Corruption in America's Public Schools, the details of the corruption, theft, fraud, and patronage that has overrun our public school establishment for several decades. There is no question that anyone who is interested in school reform -this means anyone who pays taxes, is a parent or guardian of a child attending school and/or who works toward a goal of establishing an education system that puts children first - must read this book. Ms. Segal's research and information on the education establishment's 'dark' side outrages the reader, and incites us to demand change. Her book therefore, is much more than a book, it is a call to action. We cannot be bystanders any longer to the systemic abuse she so vividly describes, and we will never be able to listen in the same way ever again to school Principals, Superintendents, school custodians or district board members as they request more money "to help the children."

The book's detailed reports on the corruption and crime in our public schools, supported by 52 pages of interview notes, references and specific examples, provide irrefutable evidence that the current failures of our nation's public schools are not due to the lack of money but the impossibility of getting the money to the children who need it and for whom the money is allocated in the first place. Recent statistics show that students of all ages are not learning what they need to know, schools are overcome with violence, teachers are demoralized, and yet billions of dollars are literally shovelled into the system every year. The New York City school system receives more than $16 billion every year; Los Angeles, $7 billion; and Chicago, $3.6 billion. Where does this money go? We have all asked this question as we have walked through school hallways dodging the paint falling off the walls and ceilings, watching our children sitting on broken chairs, using bathrooms without running water or toilet paper, and struggling to achieve their personal best without the services and resources they are supposed to have. Battling Corruption in America's Public Schools is the first book ever to systematically examine school waste and corruption and how to fight it. Ms. Segal, an undercover school investigator turned law professor, documents where the money goes, how waste and fraud embedded in the operation of large school bureaucracies siphon money from classrooms, distort educational priorities, block initiatives, and what we can do to bring badly-needed change. She describes in detail how only a small percentage of the money allocated to students in our public schools actually gets used by them due to corruption and waste, and how city school systems scoring lowest on standardized tests tend to have the biggest criminal records and most payroll padding. Coding problems, the procurement process, compartmentalization and opacity of information leave administrators with only two options: good corruption (which ultimately helps the kids) and bad corruption (which never helps anyone but the perpetrator and his/her allies and accomplices). Indeed, the system fights those who try the good corruption route.

Ms. Segal argues that the problem is not usually bad people, but a bad system that focuses on process at the expense of results. Decades of rules and regulations along with layers of top-down supervision make it so hard to do business with school systems that they encourage the very fraud and waste they were designed to curb. She tells us about how the "godfathers" and "godmothers" (the school board members) obtain jobs for their "pieces" in order to protect the systemic waste and fraud from being dismantled or exposed. Fortunately, she writes, there are good people involved in the corruption as well who must violate the rules in order to get their jobs done. Nonetheless, absurdities abound: school systems following rules to save every penny spend thousands of dollars hunting down checks as small as $25; it takes so long to pay vendors for their work that some have to bribe school officials to move their checks along; caring Principals who want to fix leaky toilets may have to pay workers under the table because submitting a work order through the central office could, and often does, take years. Meanwhile, those who pilfer from classrooms get away with it because the pyramidal structure of large districts makes schools inherently difficult to oversee. What makes Battling Corruption in America's Public Schools a must-read is not only the fascinating - and depressing - details of the systemic wrong-doing but also Ms. Segal's suggestions for reform, based on the proven track records of school systems across North America that have successfully reduced waste and fraud and have pushed more resources into schools.

The pathology of the corruption suggests the remedy, Ms. Segal says, which is decentralization of power into the schools and the hands of the Principals. Distilling what successful school systems have done, Segal advocates new forms of oversight that do not clog up school systems and recommends giving principals more discretion over their school budgets as well as holding them accountable for job performance. She argues for "autonomy in exchange for performance accountability" as part of a bold, far-reaching plan for reclaiming our schools. Her conclusion is logical and convincing. Everyone who reads this book will find his or her perception of public school education changed forever. We cannot accept any longer that a generation of children has been abused by a system that is so full of greed and corruption without screaming "stop!" and "Your game is up!"

Segal reveals how systemic waste and fraud siphon millions of dollars from urban classrooms and shows how money is lost in systems that focus on process rather than on results, as well as how regulations established to curb waste and fraud provide perverse incentives for new forms of both. Anyone who is interested in school reform--this means anyone who pays taxes, is a parent or guardian of a child attending school, and/or who works toward a goal of establishing an education system that puts children first--must read this book. --

Lydia G. Segal is Associate Professor of Criminal Law and Public Administration at John Jay College of Criminal Justice, City University of New York.

The NYC BOE FAMIS Online Tour

The FAMIS Portal Online Tour provides an overview and demonstration of the FAMIS Portal. Computer speakers or headphones are recommended. Choose an item of interest below, or click on the Introduction to proceed through all of the modules in sequence.

About Me

Reporter, paralegal, advocate,I will investigate, search on the internet and in all data bases for information that will help a person in need of resolution to a problem.I believe in substantive and procedural due process for all individuals, groups and organizations and trademarked the term "e-accountability" to describe the purpose of my work. I am the parent of four daughters.

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Testimonials From Some of Our Clients

Dear Betsy,
I am forever indebted to you, Betsy, for your expert advice throughout a horrific ordeal. You worked tirelessly to prove my innocence in a 3020a proceeding that was instigated by a corrupt school district and fueled by lies. My proceedings ended with my complete exoneration, my record expunged and my immediate return to the classroom. We didn’t even need to file an appeal! Thank you, Betsy. I am now eligible to retire and enjoy the benefits you helped me to protect. God bless you and the work you do protecting the innocent.-Maria G.
To whom this may concern,
I want to recommend Betsy Combier as the best person you could have in your corner. From the first day I met Betsy I felt secure. I had the misfortune of having to go through a 3020a hearing and with help of Ms. Combier my job was secure, I don’t know where I would be without Betsy’s help and support. She is still assisting me with my federal case. I could not recommend Betsy any higher, she is a person of her word, and her expertise is important and necessary for everyone with any problem-David P.
I met Betsy Combier approximately about 5 years ago, as a result of a recommendation from a colleague. Since then she has been an advocate of mine ever since, and has worked above and beyond my expectation. Betsy fights against the wrongdoing of public education officials in New York City. Throughout the extremely difficult arbitration, Betsy fought for my unalienable rights, even though my former principal did everything in her power to tarnish my name and damage my career.
Betsy is not an attorney yet she has the experience and knowledge that is above and beyond that of an attorney and follows through on all issues. She is truly an angel from heaven above, and a quality public defender.-Jason R.
I was charged with a 3020A in October 2016 after receiving three developing ratings in a row. I called numerous law firms as well as my union. Most people who I talked to said that I should settle because I was fighting a losing battle. A lawyer told me that anyone that says you can win a 3020A is a liar. I heard about Betsy from a teacher placed in my building who was going through the 3020A process. I hired Betsy and one of the Attorneys who works with her and her company, and won my case! Betsy saved my job and saved my life because she was emotionally supportive at a time when I needed it the most. Betsy goes above and beyond for her clients. She is readily available day and night for her clients. Betsy’s knowledge of education law is exceptional and she was a great help to my attorney. Betsy is relentless and fights hard for her clients. -Laura B.

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